Fifth+Welsh+4

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__**The Fifth Amendment by Kimberly H, Courtney D, Ashtyn M The Fifth Amendment**__ "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."


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What does this amendment mean?__** This amendment means you do not have to take the witness stand in your trial



James Madison
 * __Who wrote it?__**



December 15, 1791
 * __When was it ratified?__**



So people can go to their trial and not incriminate themselves.
 * __Why was this amendment created?__**



__**Is this amendment valid today?**__ Yes, this amendment is used today. People use this amendment to prove they are innocent and to not incriminate themselves in front of the grand jury.



It is a little controversial today because it could make an innocent person look guilty and a guilty person look innocent
 * __Is this amendment controversial?__**



__**What is a grand jury?**__ A grand jury is an impartial group of citizens

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How is this amendment helpful?**__ It is helpful because when a person commits a crime they don't have to trial against themselves. Also they don’t have to be tried against the same case twice.



Yes, it is used in many trails in cases with a more serious crime.
 * __Is Amendment #5 used often?__**


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Do people who use this amendment often help them?__** Yes, this works because, people in more serious crimes.



To make a law the government consists of 3 branches. Executive, Judicial, and Legislative. The Executive branch carries out laws. The Judicial branch interprets laws. And the Legislative branch passes laws.
 * __Who makes special laws and amendments?__**



Yes and here are some..... __1)45 year old man refuses to testify after murderind wife and 3 kids. 2) Gonzales aide to invoke Fifth Amendment. 2) Gonzales Aide to Invoke Fifth Amendment Article written by; the Associated Press Essay written 3)Give Richard McIver's wife immunity, judge rules After changing story, she claims right to silence in assault case By__ TRACY JOHNSON
 * __Are there current events on this amendment??__**



CURRENT EVENT ESSAYS

1) **__45 year old man refuses to testify after murderind wife and 3 kids__** Artical Summery- Years ago a man was accused of killing him wife. He decided not to testify because he did not to make thing worse. When he said that he did not want to testify it saved him because they found he was not guilty. Later on he told the court that he did it and they put him in jail for less time.

Opinion- After that they said that they would have to ask the person after the trial if it was true or not. because of him they have found people have actually done crimes and did not testify. ~Ashtyn M.



2) **__Gonzales aide to invoke Fifth Amendment__** Artical Summery- This article is about a man named Alberto Gonzales. He is a U.S attorney. Gonzales had approved to fire several other U.S attorneys. Monica Goodling a Justice Department official was also involved in the firings. Monica chose not to testify against herself. She refused to answer any questions at the upcoming senate hearing. Her lawyer cited the Fifth Amendment, and also stated protection against self-discrimination.

Opinion-This article relates to the Fifth Amendment because the Fifth Amendment states you don’t have to take the witness stand in your trial. Monica Goodling was involved in the firings and she used the Fifth Amendment. Her lawyer recited the amendment. Then stated she was protecting herself from self-discrimination. In my own opinion its relative because Goodling uses the amendment in the trial.

the info form this artical came from Fifth Amendment

~Kimberly H.



3) __**Give Richard McIver's wife immunity, judge rules After changing story, she claims right to silence in assault case**__ Artical Summery- Marlaina Kiner-McIver told police that she was assulted by her husband in Obctober. She soon changed her story in witch her attorney argued could leave her facing charges herself. After this news she used her fifth amendment right to not testify, but she made a deal stating prossocuters would not prosocute her as long as she tesified the truth. Witch was that she was mad at him so she made the hole thing up. In the court she answered questins about the incodent. Her husband was arrested and put in jail for 2 nights and released without bail. He is now under a court order to not contact his wife.

Opinion- This artical was very interesting. The wife Marlaina used her fifth amendment right to her advantage and even though she changed her story she faced no charges. Marlaina knew how to use the amendment to her adavantage and even though she gave up on trying to prosocute her husband she answered questins and won her case. the info from this artical came from Fifth Welsh 4

~Courtney D.



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